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HomeMy WebLinkAboutReso 1987-13231 RESOLUTION NO. 13231 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ANTHONY J. LETTIERI AND McMILLAN DEVELOPMENT COMPANY, INC. FOR PROFESSIONAL CONSULTANT SERVICES FOR RANCHO DEL REY SPECIFIC PLANNING AREA PLAN AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and ANTHONY J. LETTIERI and MCMILLAN DEVELOPMENT COMPANY, INC. for professional consultant services for Rancho Del Rey Specific Planning Area Plan dated the 1st day of September , 1987, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~" t~'~ ~J~o~as J. rron, City i.~eo~ge K~em~l, 6i~ector of ' Attorney '~ Planning 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ,dLA VISTA, CALIFORNIA, this 1st day of September 19 87 , by the following vote, to-wit: AYES: Councilmembers Malcolm, Cox, Moore, NacT[e~' NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Cound 1 members McCanaliss ATTEST ~" -_ City Clerl~ ~ ,TE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true end correct copy of RESOLUTION N0. 13231 ,ond that the same hos not been omended or repealed DATE D  CityClerk Ow OF CHULA VISI'A CONTPJ~CT FOR PLANNING SERVICES WHEREAS, the CITY OF CHULA VISTA is presently in need of technical assistance in the review of various development plans and proposals to be submitted to the CITY for consideration with respect to various large-scale land development projects; and WHEREAS, on June ll, 1985, revised September 6, 1985, the Chula Vista City Council approved a Specific Plan Amendment for the 2,377 acre E1 Rancho Del Rey P1 anning Area; and now is desirous of processing a SPA Plan for land lying north of "H" Street and east of 1-805; and WHEREAS, THE EL RANCHO DEL REY PARTNERSHIP desires the CITY's timely cooperation in the preparation and processing of a SPA Plan for Phase I of the adopted E1 Rancho Del Rey Specific Development Plan; and WHEREAS, the complexity of the Rancho Del Rey SPA requires the CITY retain an outside planning consultant for the purposes of critical review, analyzing, negotiating, and making recommendations with respect to said amendment and coordinating the related efforts of various CITY departments; and WHEREAS, it is appropriate that the applicant for various approvals in conjunction with the Rancho Del Rey SPA Plan bear the cost of an independent planning consultant's services due to the need of review of said proposal created by the proponent's application in accordance with the CITY OF CHULA VISTA's full-cost-recovery program; NOW, THEREFORE, BE IT RESOLVED that the CITY OF CHULA VISTA; MR. ANTHONY J. LETTIERI, an independent contractor and planning consultant; and EL RANCHO DEL REY PARTNERSHIP, do hereby mutually agrees as follows: I. PARTIES: The parties to this agreement are the CITY OF CHULA VISTA, a municipal corporation (hereinafter referred to as "CITY"); MR. ANTHONY j. LETTIERI, a planning consultant acting as an independent contractor (hereinafter referred to as "Consul tant"); and EL RANCHO DEL REY PARTNERSHIP, a California corporation, the applicant for various approvals in conjunction with the Rancho Del Rey SPA Plan (hereinafter referred to as "Applicant" or "Project Applicant"). II. EL RANCHO DEL REY PLAN AMENDMENT: The term "El Rancho Del Rey Plan Amendment" as referred to hereinbelow means that area regulated pursuant to the E1 Rancho Del Rey Specific Development Plan adopted August 15, 1978, Ordinance No. 1824, as amended, and depicted as such by notation on the Land Use Element of the CITY's General Plan. III. INTENT OF THE PARTIES: It is the intent of the CITY, CONSULTANT, and APPLICANT that CONSULTANT work solely for the CITY and perform the tasks outlined hereinbelow associated with the Rancho Del Rey SPA Plan to assist the CITY in providing the guidance and reviews which are appropriate for a proposal of the type submitted by APPLICANT in accordance with applicable provisions of State law and the Municipal Code of the CITY OF CHULA VISTA. CONSULTANT's obligation, as provided further hereinbelow, is to expedite the review, analysis, negotiations, coordination of reviews, and preparation of various recommendations to the CITY Planning Commission and the CITY Council with respect to APPLICANT's proposal. APPLICANT's duties are generally to provide payment to the CITY for the planning review services provided by the CITY's CONSULTANT and, further, to provide such information, applications, etc., as may be otherwise required by CONSULTANT and CITY staff to fully and adequately review the Rancho Del Rey SPA Plan in accordance with the Specific Plan and the Chula Vista General Plan, as amended, and applicable provisions of the Municipal Code of the City of Chula Vista. IV. OBLIGATIONS OF CITY: CITY, pursuant to this agreement, hereby contracts with MR. ANTHONY J. LETTIERI (CONSULTANT) to act on its behalf directly and indirectly and in conjunction with CITY staff in providing the following scope of work: A. SCOPE OF WORK: Staff critical review, processing, analysis, and recommendations with respect to the APPLICANT's request for various approvals within the Rancho Del Rey Specific Plan area, including, but not limited to, the following: 1. A SPA Plan for Phase I, including all component plans and documents thereof, for the Rancho Del Rey project; 2. CEOA documentation; 3. A Public Facilities Finance Plan and Development Agreement. 4. Specific Plan Development and Design Standards for Implementation of the SPA Plan. 5. Conditions, exactions, or mitigation measures referred to or required by the CITY; 6o All further permits, approval s, or applications for entitlement which the CITY must require in order to approve or deny APPLICANT's application. -2- V. COORDINATION OF PROJECT REVIEW: Pursuant to this agreement, CITY shall authorize CONSULTANT to coordinate and expedite, subject to the concurrence of the City Manager of CITY, all such CITY departments or other governmental agencies as may be necessary to undertake the activities, tasks, reviews, and analyses set forth hereinabove associated with such reviews, for the purpose of streamlining the CITY's consideration of said project and avoiding unnecessary delays in review, duplication of work as between various CITY departments, and other inefficient expenditures of staff time. VI. ADMINISTPJ~TION OF CONSULTING CONTRACT: The CITY hereby appoints its City Manager, or his designee, as the CITY's representative in the review and administration of the work performed by CONSULTANT pursuant to the terms of CONSULTANT's scope of work. CONSULTANT and CITY MANAGER, or his designee, shall meet as necessary for the purpose of reviewing the project. VII. PROJECT SCHEDULE AND SUBMITTAL DATES: The CITY hereby authorizes CONSULTANT to negotiate with APPLICANT a schedule and work program for the preparation and processing of APPLICANT's submittal, as well as estimated hearing dates, subject to the CITY MANAGER's concurrence.- CONSULTANT shall further coordinate the efforts of various CITY departments in negotiating cooperative efforts associated with the Rancho Oel Rey project, as well as hearing schedules. VIII. OBLIGATIONS OF CONSULTANI: CONSULTANT shall perform the scope of work described hereinabove and in doing so shall review, analyze, critique, and make recommendations regarding the various approvals sought by APPLICANT. IX. ACCESS TO CITY FACILITIES: The CITY shall permit access to its facilities by Consultant throughout the term of the contract. X. OBLIGATIONS OF.APPLICANT: APPLICANT, pursuant to the terms and conditions of this agreement, shall promptly remit to the CITY payments upon receipt of invoices for the amounts set forth and following the times provided in Paragraph XIII hereinbelow. -3- XI. APPLICANT'S SUBMITTAL OF MATERIALS: APPLICANT shall provide such information as necessary, pursuant to the herein described scope of work for the CITY and CONSULTANT to review APPLICANT's proposal, excepting therefrom any business or trade secrets or otherwise proprietary business information held by APPLICANT. XII. TERM: This agreement shall become effective upon execution as authorized by the Mayor of the CITY, or his designee, and shall terminate, if not terminated pursuant to the provisions contained hereinbel ow in Paragraphs XVI, XVI1, or XVIII, or otherwise extended by all parties, on January 31, 1988. XIII. COMPENSATION: The compensation to be paid by CITY to CONSULTANT shall be $65.00 per hour for each hour worked. CONSULTANT shall submit monthly invoices to the Finance Director of the CITY which shall be due and payable within 30 days. The APPLICANT agrees to pay the CITY upon demand the total sum billed by the CONSULTANT each month for the duration of this agreement. Notwithstanding the above payment schedule, all monies shall be due and payable within 30 days of invoice, except as provided for hereinbelow with respect to cancellation at the convenience of CITY or for reasons of nonperformance. XIV. CITY ADMINISTRATIVE OVERHEAD: Pursuant to this agreement, CITY shall be entitled to claim as an offset to the compensation schedule set forth hereinabove in Paragraph XIII seven percent (7%) of said funds as CONSULTANT has authorized as CIT¥'s administrative overhead incurred in the administration of this agreement. XV. INTEREST OF CONSULTANT: CONSULTANT presently has and shall acquire no interest whatsoever in the Rancho Del Rey project, the subject matter of this agreement, direct or indirect, which would constitute a conflict of interest or give the appearance of such conflict. No person having any such conflict of interest shall be employed or retained by CONSULTANT under this agreement. CONSULTANT specifically certifies that neither CONSULTANT nor any other person employed or retained by CONSULTANT is performing work for or on behalf of EL RANCHO DEL REY PARTNERSHIP, or its predecessor in interest. CONSULTANT specifically certifies, in addition, that no promise of future employment or other consideration of any kind has been made to CONSULTANT or any employee, agent, or representative of CONSULTANT, by the APPLICANT, any employee, agent, or representative of the APPLICAN~, regarding the subject matter of this agreement, or any future project in which APPLICANT has an interest. -4- XVI. TERMINATION OF AGREEMENT FOR CAUSE: ~ If, through any cause, CONSULTANT shall fail to fulfill in a timely I~ and proper manner his obligations under this agreement, or if CONSULTANT shall violate any of the covenants, agreements, or stipulations of this agreement, CITY shall have the right to terminate this agreement by giving written notice to CONSULTANT of ~ such termination and specifying the effective date thereof, at ~ 1 east five (5) days before the effective date of such termination. ! In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports, and other materials prepared by ! CONSULTANT shall, at the option of CITY, become the property of CITY, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of notice of termination, not to exceed the amounts payable under : Paragraph XIII hereinabove. XVII. TERMINATION FOR CONVENIENCE OF CITY: CITY may terminate this agreement at any time and for any reason by giving written notice to CONSULTANT of such termination and specifying the effective date thereof, at least thirty {30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described in Section XVI hereinabove shall, at the option of CITY, become CITY's sole and exclusive property. If the agreement is terminated by CITY as provided in this paragraph, CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. CONSULTANT hereby expressly waives any and all claims for damages or compensation arising under this agreement except as set forth in Paragraph XIII hereinabove in the event of such termination. XVIII. TERMINATION AT THE REOUEST OF APPLICANT: APPLICANT may terminate APPLICANT's obligations with respect to this agreement at any time and for any reason by giving written notice to CITY of such intent to terminate said agreement and specifying an effective date of such termination at least thirty (30) days before the date of termination. In the event that APPLICANT shall terminate the terms of this agreement, APPLICANT shall remain liable for all work undertaken up to and including the effective date of said termination for which CITY shall be entitled to receive just and equitable compensation for satisfactory work performed by CONSULTANT due and owing pursuant to Paragraph XIII hereinabove. -5- XIX. ASSIGNABILITY: CONSULTANT shall not assign any interest in this agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of CITY; provided, however, that claims for money due or to become due to CONSULTANT from CITY and APPLICANT under this agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished promptly to CIT~. Any assignment requiring approval may not be further assigned without CITY approval. XX. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL: All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties produce~ under this agreement shall be the sole and exclusive property of CITY. No such materials or properties produced in whole or in part under this agreement shall be subject to private use, copyrights, or patent right by CONSULTANT in the United States or in any other country without the express written consent of CITY. CITY shall have unrestricted authority to publish, disclose (as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this agreement. XXI. INDEPENDENT CONTRACTOR: CITY is interested only in the results obtained, and CONTRACTOR shall perform as an independent contractor with sole control of the manner and means of performing the services required under this agreement. CITY maintains the right only to reject or accept CONSULTANT's final work product as each phase of this agreement is completed. CONSULTANT and any of CONSULTANT's agents, employees, or representatives are, for all purposes under this agreement, an independent contractor, and shall not be deemed to be an employee of CITY, and none of them shall be entitled to any benefits to which CITY employees are entitled, including, but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave, or other leave benefits. xxII. CHANGES: CITY may from time to time require changes in the scope of the services by CONSULTANT to be performed under this agreement. Such changes, including any increase or decrease in the amount of -6- CONSULTANT's compensation, which are mutually agreed upon by CITY, CONSULTANT, and APPLICANT shall be effective as amendments to this agreement only when inwriting. IN WITNESS WHEREOF, CITY, CONSULTANT, and APPLICANT have executed this Contract for Planning Services {agreement) this 1st day of September , 19 87. APPROVED AS TO FORM BY: CITY OF CHULA VISTA: CONSULTANT: BY~/~ A~I~?HONY j. APPLICANT: EL RANCHO DEL REY PARTNERSHIP consisting of McMillin Development, Inc. and Home Capital Corporation MANAGING PARTNER WPC 3034P -7-